Prince Harry and several prominent claimants are required to make an interim payment of £9.54 million ($17.9 million Cdn) towards the legal expenses of the publisher of the Daily Mail, following their loss in privacy lawsuits, as ruled by London’s High Court on Friday.
Last month, Judge Matthew Nicklin thoroughly dismissed the case presented by King Charles’s younger son and other plaintiffs, rejecting claims that the Mail publications had participated in extensive unlawful practices, including phone tapping.
Among the notable individuals suing Associated Newspapers are singer Elton John and his Canadian spouse, David Furnish, along with actors Sadie Frost and Elizabeth Hurley. Additional claimants comprise former Liberal Democratic MP Simon Hughes and Doreen Lawrence, an anti-racism advocate whose son, Stephen, was murdered in 1993.
In justifying his ruling on the legal fees, Nicklin expressed strong criticism of how the claimants’ case was constructed, noting that serious accusations were based on “speculative and inferential” grounds.
“In my view, the cumulative effect of these issues moves the case significantly outside the norm. The conduct was unreasonably excessive,” Nicklin stated.
A representative for Associated Newspapers described the decision as “another overwhelming victory for the Mail and its journalism.”
The outstanding payment is to be made on an “indemnity basis,” according to Friday’s ruling. This implies that as the unsuccessful party, Harry and the others are obligated to contribute to Associated’s legal costs without the publisher needing to demonstrate that these were reasonable and proportional.
Elton John is shown at an early hearing in the case, at the Royal Courts of Justice in London on March 27, 2023. (Belinda Jiao/Getty Images)
During a July hearing, it was revealed that Associated had accumulated a legal bill totaling £34.5 million ($64.7 million Cdn), while Harry and the other claimants had an insurance policy that covered only £16 million ($30 million Cdn).
Claimants’ attorney Nicholas Bacon referred to Associated’s legal expenses as “eye-watering,” significantly surpassing an agreed budget.
Currently, no decision has been made regarding whether the claimants will pursue an appeal.
No comments were provided by Harry’s spokesperson on Friday. Earlier this summer, the prince characterized the court’s ruling as a “complete and obvious whitewash.”
This week, Harry and his wife, Meghan, announced their forthcoming return to Britain, where they plan to enroll their children in school. After a brief stay in British Columbia, a move that shocked the British media, they have spent the last six years in southern California.
Previous case brought apology
This case represents the last unresolved litigation in a series of lawsuits filed by Harry, alleging unlawful practices by tabloid publishers.
Previously, Harry was awarded £140,600 (approximately $240,430 Cdn) after the High Court determined he had been a victim of “modest” phone hacking and other illegal information gathering by journalists from Britain’s Mirror Group Newspapers (MGN), which publishes the Daily Mirror, Sunday Mirror, and Sunday People.
Prince Harry, Elton John and other high-profile British figures have lost their privacy lawsuits against the Daily Mail’s publisher which had alleged widespread unlawful behaviour.
In 2023, Harry became the first British royal to provide evidence at a trial in 130 years when he testified in this case.
In a separate significant case, the Rupert Murdoch-led News Group in the U.K. issued a “full and unequivocal apology to the Duke of Sussex” for “the phone hacking, surveillance and misuse of private information by journalists and private investigators instructed by them.”
However, the court dismissed an allegation in a legal filing suggesting that Murdoch’s newspaper group had a covert agreement with Buckingham Palace to prevent royals from launching such lawsuits.
Read Friday’s ruling below: